SATENDRA KUMAR TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) M. Katju, J. By means of this writ petition the petitioner has prayed for a mandamus restraining the respondents 6 and 7 from working as transport contractor for the respondent department after 31-3-2003 and to appoint transport and handling contractor of Food and Civil Supply Department of districts, Sonbhadra, Sant Ravi Das Nagar, Mirzapur for the financial year 2003-04 in accordance with the G. O. dated 13-5- 2001 only after inviting tenders from the public at large and permitting all eligible persons.

(2.) IN this case on 30-1-2003 this Court granted learned Standing Counsel three weeks time to file counter-affidavit and issued notices to respondents No. 6 and 7 returnable at an early date. The order sheet of 20-5-2003 shows that there is an office report that the notices were issued to the Respondent Nos. 6 and 7 vide Registered A. D. past but neither the acknowledgment nor undelivered cover has been received back after service and no counter-affidavit has been filed.

(3.) IT is alleged in paragraphs 9 to 12 of the writ petition that the respondents 6 and 7 Mahendra Kumar Gupta and Jag Narain Singh as well as the Senior Marketing Inspector, Sonbhadra are in collusion and have caused number of irregularities and embezzled huge amounts. An FIR was lodged and the District Magistrate, Mirzapur after conducting the enquiry has recommended suspension of the senior marketing inspector, Sri G. P. Singh vide letter dated 4-9-2002 Annexure 3 to the writ petition. As stated in paragraph 10 of the writ petition an enquiry was held against these illegal acts and the Marketing Officer, Mirzapur recommended to the Regional Food Controller, Varanasi Division vide enquiry report dated 20-8-2002 to black list respondents 6 and 7. True copy of the enquiry report is Annexure 4 to the writ petition. However, despite these recommendations no action was taken against the respondents 6 and 7 or against the Senior Marketing Inspector Sri G. P. Singh.